Single Judge granted special leave to the Magistrate to commit the pending case to the Sessions Court expeditiously for trial.
The Magistrate is directed to commit the case to the Sessions Court as expeditiously as possible.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
MONDAY, THE 21ST DAY OF AUGUST 2017/30TH SRAVANA, 1939
Crl.MC.No. 4017 of 2017 ()
AGAINST THE ORDER/JUDGMENT IN CMP 1237/2016 of J.M.F.C.,KASARAGOD DATED 25-08-2016 CRIME NO. 976/2009 OF KASARAGOD POLICE STATION , KASARGOD
PETITIONER(S)/PETITIONER/ACCUSED NO.3:
K.S. AHAMMED ASHRAF ALI @ ACHU, S/O.ABDUL KHADER,AGED 33 YEARS,PATTEL VILLA, PATTEL ROAD,THALANGARA.
BY ADVS.SRI.I.V.PRAMOD SRI.K.V.SASIDHARAN
RESPONDENT(S)/COMPLAINANT & STATE:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682031.
BY PUBLIC PROSECUTOR SRI. E.C. BINEESH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-08-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4017 of 2017 () ---------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1 A CERTIFIED COPY OF THE ORDER IN CMP NO.1237/2016 DATED 25/8/2016 OF JFMC,KASARAGOD
ANNEXURE A2 A TRUE COPY OF THE PAGE NO.1 TO 7,18 TO 21, 26 TO 31 AND 36 OF PETITIONER'S PASSPORT
ANNEXURE A3 A TRUE COPY OF THE ORDER IN CRL.M.C.NO.6149/2016 DATED 4/10/2016 OF THIS HON'BLE COURT
ANNEXURE A4 A TRUE COPY OF THE ORDER IN CRL.M.C.NO.8749/2016 DATED 20.2.2017 OF THIS HON'BLE COURT
ANNEXURE A5 A TRUE COPY OF THE REGISTRATION CERTIFICATE IN VEHICLE BEARING NO.50340 WAS 24.4.2017 AND ITS INSURANCE WAS OVER BY 24.5.2017 ISSUED BY THE UAE,AUTHORITIES
ANNEXURE A6 A TRUE COPY OF THE REGISTRATION CERTIFICATE ON VEHICLE BEARING NO.56822 WAS 21/11/2016 AND ITS INSURANCE WAS OVER BY 21/12/2016 ISSUED BY THE UAE,AUITHORITIES.
RESPONDENT(S)' EXHIBITS
B. SUDHEENDRA KUMAR, J.
Crl.M.C. No. 4017 of 2017
Dated this the 21st day of August, 2017
ORDER
A learned Single Judge of this Court as per order in Crl.M.C. No. 8749 of 2016 dated 20-2-2017 held thus:
“The case is pending committal before the learned Magistrate. Immediately after the committal, the petitioner can move the court of Session, and if there is undue delay in the commencement of trial, the Court of Session may consider his application and pass appropriate orders.”
Crl.M.C. No. 4017 of 2017
-: 2 :-
It has been submitted by the learned counsel for the petitioner that the case is not yet committed to the Sessions Court. In view of the above submission, the learned Magistrate is directed to commit the case to the Sessions Court, as expeditiously as possible, if it appears to the learned Magistrate that the offence is triable exclusively by the court of Sessions. The learned Magistrate may also advance the case, if necessary.
Immediately after the committal, the petitioner shall be at liberty to approach the court of Sessions as directed by this Court as per order dated 20-2-2017 in Crl.M.C. No. 8749 of 2016.
This Crl.M.C. is disposed of as above.
Sd/- B. SUDHEENDRA KUMAR, JUDGE .
ani/
K.S. Ahammed Ashraf Ali @ Achu
State of Kerala
B. Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
